Manchester council’s decision to grant planning approval for FC United’s 5,000-capacity stadium was made without proper legal checks, a court has heard.

Permission for the ground, on Ronald Johnson Playing Fields off Lightbowne Road in Moston, was given last year.

A judicial review into the decision to approve the planning application was told that environmental impact assessments into potential noise and traffic pollution, required by law, were not made ahead of the decision.

The town hall claims the assessments were discretionary and that conditions attached to the approval would offset any negative impacts of the development.

Hugh Richards, representing the Residents United Residents Association which opposes the plans, claimed the council had acted illegally through not understanding planning laws.

He said: "The negative effects of the development are being dismissed because they are defined as ‘localised’ and not because they are not significant. The conclusion was being reached that these issues will only be of local significance and therefore the impact was not considered sufficient to warrant an impact assessment.

"The authority’s approach has been to identify the potential impact and then dismiss it as localised. This is a misunderstanding of what’s laid out in planning regulations."

The council was spelling out its position to the review, at Manchester Civil Justice Centre, today. The case is expected to conclude tomorrow.

FC United, formed in protest at the Glazer family’s takeover of Manchester United, had hoped to start work on the new ground this summer. They play at Bury’s Gigg Lane ground and have never had a stadium of their own.

FC United had originally planned to build their ground on Ten Acres Lane in Newton Heath, but a late switch in council funding scuppered the proposals. The stadium is set to cost about £4.6m and the club has raised the cash through fundraising and grants.

FC United’s new stadium could be used by the club to ground-share with another professional team, opponents of the plan have claimed.

A judicial review into the application for the 5,000-capacity ground in Moston heard that the club has agreed with the council that no more than 50 games a season will be played.

But local opponents say planning reports were based on just 30 matches a year.

And they claim the extra capacity opens the door to FC United inviting another professional club in to the ground.

Barristers for FC United told the court that local side Moston Juniors would be invited to use the ground for big games, and residents ‘wouldn’t even notice’.

But Hugh Richards, representing the Residents United Residents Association, said: "The club is not prevented by any planning regulations to saying to another club – for example Bury – ‘come and play at our stadium’ and that is what concerns residents.

"There has been no noise report carried out that has said whether or not having 50 games at this stadium is acceptable."

FC United currently play 21 home games a season as a Northern Premier League side. If the club was drawn at home in every round of the three cup competitions they are eligible to enter, they would host 43 matches.

Sasha White, representing the club, said: "The reason we’ve agreed to a limit of 50 is so that Moston Juniors can be allowed to use the stadium pitch.

"One can reasonably forsee that unless Moston Juniors welcome a guest appearance from Messi or Ronaldo they will draw nowhere near enough of a crowd to make noise."

The court also heard the project could yet collapse if delays forced the Football Foundation and Sport England to withdraw £1.4 million funding. In total the development is set to cost £5.3m with £1.725m coming from donations by club members.

The hearing, at Manchester Civil Justice Centre, came after residents claimed the decision to grant planning permission was illegal as proper impact assessments were not carried out.

Richard Drabble QC, representing the council, told the court that following an initial ‘screening process’ the assessments were not required by law.

He said: "These impacts were of limited magnitude, of limited complexity, were confined to a local area, were entirely predictable and could be mitigated.

"The actions taken were for the judgement of the planning authority and wholly consistent with guidelines from the Court of Appeal."

FC United have cleared another hurdle in their battle to build a new stadium after a judge refused residents opposed to the plan the opportunity to appeal.

The non-league club have been at the centre of a long-running legal battle over their proposals for a 5,000-capacity home in Moston.

Residents opposed to the project forced a judicial review into Manchester council’s decision to grant planning permission for the stadium on the site of the Ronald Johnson Playing Fields.

At that hearing, a High Court judge ruled that the decision should stand.

Opponents of the stadium continued their fight, seeking another hearing at the Court of Appeal.

The M.E.N. understands a Court of Appeal judge has now refused that request.

It means the stadium opponents have only one last chance to seek an oral hearing to put their case forward.

They have seven days to seek such a hearing - but may be hampered if they are unable to secure legal aid to fund their solicitors’ fees.

If they fail the nomadic Rebels, formed in 2005 in protest at the Glazer family’s ownership of Manchester United, will be able to start work on a new home in the city. Andy Walsh, general manager of FC United, welcomed the news.

He said: “We are pleased with the decision. We know from our consultation events that the ground proposal has wide support in the area and that some residents remain opposed.

“We are happy to sit down with those with concerns and explore ways in which they can be addressed.”

Annette McGovern, chair of opposition group Residents United Residents Association (RURA), said: “We have got a week to respond and we are taking advice on that.

“I am not saying that we will appeal and I am not saying that we won’t. “There are other options to explore and we will not lay down and die. It’s a collective decision and that is all I can say.”

FC United's new 5,000-capacity stadium should be finished in August – with building work due to start next month.

In what has been described as a 'momentous day' in the non-league club's history a lease has been signed with Manchester council for the site on the Ronald Johnson Playing Fields in Moston.

The development brings an end to a long-running and often controversial saga.

Supporter-owned FC, formed in 2005 in protest at the Glazer family's ownership of Manchester United , fought a lengthy legal battle with a section of residents opposed to the stadium – which is expected to cost around £5.5m to build.

They have played at a variety of venues and are now finally set to break earth on a permanent home in the city.

Delighted general manager Andy Walsh said: “This is a momentous day for FC United of Manchester and also for the local community who will benefit from this facility.

“This is a brilliant achievement and one of which everyone connected with the club should be very proud.”

Moston Juniors, who had previously held the lease at the site, will be accommodated at the new complex which will feature three pitches and a clubhouse.

FC, who play in the seventh-tier of English football, say the stadium will allow them to develop their vision of community driven football that will entertain, develop sports participation and both engage and provide facilities for local residents and community groups.

Walsh added: “The development is not about just football - residents of north Manchester will gain access to excellent community facilities offering a choice of activities including a range of other sports.

"We are excited about the commencement of work on the project and are celebrating today, but a bigger celebration will be when we complete the construction of the ground and the community facilities which will have such a positive effect on the local community and beyond.”

The club had originally planned to build the stadium on Ten Acres Lane but a late switch in council funding scuppered the proposals.

They also had to endure a bitter legal battle with a group of residents opposed to the plans that ended when a Judicial Review found that the council had followed proper procedure when granting planning permission.

More than £2m of the money has come from a pioneering share scheme. Other partners include Sport England, the Football Foundation, Manchester council and the Manchester College.

Councillor Rosa Battle said: "This scheme will spell significant social and economic benefits for Moston and North Manchester as a whole,” while Jack Carney, Principal at The Manchester College, added: “The new football ground and sport facility will be a fantastic provision for the local community, giving residents access to a wide range of sporting and community facilities on their doorstep.”

Paul Mitchell, chairman of Moston Juniors Football Club, added: “I am proud that these facilities that are being built in Moston will put the area onto the UK sporting map as a beacon of excellence and community strength.”

Today we can make the historic announcement that building work will start on our new football ground, sports and other community facilities in Moston in early November 2013.

The announcement of a start date follows confirmation of the signing of the lease between FC United and Manchester City Council and the confirmation of funding for the £5.5m project. We are delighted to tell you that building will start next month on the site at Ronald Johnson Playing Fields in Moston, north Manchester and is expected to take around 40 weeks, with a projected completion date of late summer 2014.

Make no mistake about it - this is a momentous day for FC United of Manchester and also for the local community who will benefit from this facility. Project funding has been driven by FC United members, who have raised over £2m and which have helped unlock the support of funders including Sport England, the Football Foundation, Manchester City Council and the Manchester College. The support of these partners has been pivotal and we thank them for their resolute support through this long process. This is a brilliant achievement and one of which everyone connected with the club should be very proud.

We cannot speak too highly of the support we have received from our members and supporters who have raised hundreds of thousands of pounds in cash plus close to £2 million pounds through our trailblazing community share scheme. Members’ funds have been matched by additional financial support from Manchester City Council, Sport England, The Football Foundation and The Manchester College recognising the social and sporting benefits the development will bring. The project is a genuine local partnership bringing together an array of local organisations and stakeholders with FC United’s co-owners.

FC United’s key sporting partner in this project is Moston Junior Football Club, one of Manchester’s leading junior football clubs and former leaseholder of Ronald Johnson Playing Fields, which celebrates its 20th birthday in 2013. We are delighted to be working in partnership with Moston Juniors and look forward to achieving great things together as we move forward with the project.

The announcement of the start of work on the facility is the culmination of seven years’ work for our supporter-owned club. In 2006 we began our quest to build a home ground, sports and other community facilities which would allow our club to develop its vision of democratically owned and controlled, community-driven football that would entertain, develop sports participation and both engage and provide lasting benefits for local residents and community groups. The process has been complex and challenging but, with the support of funders, the city council and Moston Juniors and our members and supporters, we are now ready to embark on work on site.

We have always said that this development is not about just football - residents of north Manchester will gain access to excellent community facilities offering a range of other sports alongside non-sporting activities. We are really excited about the commencement of work on the project and are celebrating today, but a bigger celebration will be when we complete the construction of the ground and the community facilities which will have such a positive effect on the local community and beyond.

The key partners of the project gave their reactions to the news as follows: -

Sport England
Charles Johnston, Property Director at Sport England, said: “Manchester is a city with a rich sporting heritage and our investment into FC United of Manchester will ensure that the future of sport in the city remains bright. I am pleased to see the club’s plans have finally become a reality and through our continued investment in top class facilities we will not only improve people’s sport experience but also help attract new ones.”

Football Foundation
Paul Thorogood, Chief Executive of the Football Foundation, said: “I am delighted that a Football Foundation grant of £500,000, alongside a £150,000 grant from our partner organisation the Football Stadia Improvement Fund (FSIF), will enable FC United of Manchester to build fantastic new facilities for the club and for the community. In partnership with the Manchester FA, FC United of Manchester worked extremely hard to secure this funding from the Football Foundation. Since 2000 our funding partners, the Premier League, The FA and the Government (via Sport England), have provided £13m of investment through the Football Foundation to improve facilities like this one, right across Manchester.”

Manchester City Council
Councillor Rosa Battle, Executive Member for Culture and Leisure for Manchester City Council, said: "This scheme will spell significant social and economic benefits for Moston and North Manchester as a whole. The partnership between FC United and Moston Juniors FC, one of the largest junior football clubs in Manchester, will not only result in multi-million pounds-worth of new investment in the area. It will also create the basis for an excellent sporting hub in North Manchester - with three pitches and a clubhouse which will all be used by the community, as well as the clubs. On top of this, FC United will work with Moston Juniors FC and a range of other partner agencies to help increase the number of people taking part in sport in the area - helping to tackle health and other social issues. It’s exciting that the new ground and other facilities will soon start to take shape."

The Manchester College
Jack Carney, Principal, The Manchester College, said: “The new football ground and sport facility will be a fantastic provision for the local community, giving residents access to a wide range of sporting and community facilities on their doorstep. The opportunities offered by the new development will have long-lasting benefits to both FC United of Manchester and the local community.”

Moston Juniors Football Club
Paul Mitchell, Chairman, Moston Junior Football Club, said: “As an FA Charter Standard Community Club, the ethos of the club is to work to improve every aspect of community life in Moston. The work that has been done here shows that by having strong partnerships with good leadership and a strong sense of the community, exceptional things can be achieved and I am proud that these facilities are being built in Moston it will put the area onto the UK sporting map as a beacon of excellence and community strength.”

The main stand is about 700 seats and 700 standing. The home end is a whopping 2500 standing. The other 2 stands are flat standing only so 200-300 on each.

I guess some rows/steps can be added in the future to those stands, 'cause there's some planning documents showing each of the small stands accommodating 6 rows/steps. Those two stands are certainly more basic as they don't feature any exterior wood cladding, unlike the main stand and home end.

Planning documents say the home end has 26 rows/steps, which is pretty much the same as Morecambe's former North Stand (see pics), but in the FC United one there's two designated areas at the front for disabled fans. Should be an impressive stand, though:

The original plans had small terracing on those two sides plus some either side of the main stand. All of these were unfortunately removed for cost reasons, but can be added back in as we need and can afford them.

Incidentally, there is also enough space behind the two small stands to replicate the respective stand opposite. Aside from the difficulties of getting that through planning and funding it, it isn't likely to be needed in the foreseeable future.

The original plans had small terracing on those two sides plus some either side of the main stand. All of these were unfortunately removed for cost reasons, but can be added back in as we need and can afford them.

Incidentally, there is also enough space behind the two small stands to replicate the respective stand opposite. Aside from the difficulties of getting that through planning and funding it, it isn't likely to be needed in the foreseeable future.

Still, it shows forward thinking.

True. I guess one part would be done if the club established itself in the Skrill Premier, as the away following would be far superior. Other than that, the seating capacity would need to be increased to 1000 to meet the Football League admission criteria, with the ability to increase to 2000 seats, but obviously that's a long way off.